Majority
p. 636[Crim. No. 710. Second Appellate District, Division Two. March 18, 1920.] In the Matter of the Application of JOHN LAPIQUE for a Writ of Habeas" Corpus.
Headnote
[1] Habeas Corpus — Lawful Custody by .Sheriff. — A person lawfully in the custody of the sheriff under a bench warrant issued on an indictment filed by the grand jury is not entitled to be discharged on habeas corpus.PROCEEDING on Habeas Corpus to secure release from sheriff. Writ discharged.
The facts are stated in the opinion of the court.
John Lapique, in pro. per., for Petitioner.
— [1] Petitioner, in open court, concedes that if the return which the sheriff proposes making were filed it would show, in accordance with the facts, that peti-
p. 637
tioner is lawfully in the custody of the sheriff of Los Angeles County under a bench warrant issued on an indictment heretofore filed by the grand jury. The writ, therefore, is discharged, and petitioner remanded.